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Legal Opinion

People v. Bennett

California Court of Appeal

Decided December 4, 1998No. G020575PublishedCited by 6 opinions

1Opinion of the Court

Opinion

BEDSWORTH, J.

According to the country song, “The trouble with the truth is it’s always the same oT thing.” The Legislature—at least instinctively—recognized the wisdom of this truism and provided in section 1538.5 subdivision (i) of the Penal Code that a criminal defendant would be afforded only one evidentiary hearing in which to contest the legality of searches and seizures. Today we hold that the immutability of truth and legislative fiat bar a second evidentiary hearing on such motions, except as provided in the section, even when the trial court concludes the record of the initial…

2Cases cited27 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. United States v. MendenhallSupreme Court of the United States · 1980
  3. Florida v. BostickSupreme Court of the United States · 1991
  4. Whiteley v. Warden, Wyoming State PenitentiarySupreme Court of the United States · 1971
  5. Scott v. United StatesSupreme Court of the United States · 1978

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3Cited by6 opinions

  1. People v. GarryCalifornia Court of Appeal · 2007
  2. People v. CHUTANCalifornia Court of Appeal · 1999
  3. People v. ChutanCalifornia Court of Appeal · 1999
  4. People v. Alonso CA2/4California Court of Appeal · 2021
  5. People v. Lopez CA4/1California Court of Appeal · 2020

1 more not listed; retrieve them via the Exa API.

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